SB205: Bill Text

An RTA that acquires a transit system must assume all of the employer's obligations under any contract between the employees and management of the system to the extent allowed by law. An RTA that acquires, constructs, operates, or contracts for the operation of a transit system must negotiate an agreement with the representative of the labor organization that covers the employees affected by the acquisition, construction, or operation to protect the interests of employees affected, and that agreement must include specified provisions. Employees of the RTA are participatory employees under the Wisconsin Retirement System (WRS) if the RTA elects to join the WRS.

A participating political subdivision may withdraw from an RTA if: (1) the governing body of the political subdivision adopts a resolution requesting withdrawal from the RTA; (2) the political subdivision has paid, or made provision for the payment of, all obligations of the political subdivision to the RTA; and (3) any authorized sales and use tax that is levied by the RTA within the political subdivision continues to be levied for the period of time for which the tax is authorized. Unless otherwise agreed upon, if a political subdivision withdraws from an RTA, the political subdivision continues to receive services from the RTA for so long as the sales and use tax continues to be levied in the political subdivision.

An RTA may be dissolved if the authority adopts a resolution dissolving the RTA. Dissolution of an RTA may not occur until adequate provision has been made for payment of the RTA's outstanding indebtedness, including outstanding revenue bonds. Dissolution of an RTA, and withdrawal of a political subdivision from an RTA, is subject to provisions of the authorizing resolutions relating to, respectively, dissolution or withdrawal.

Current law provides limited immunity for cities, villages, towns, counties, and other political corporations and governmental subdivisions, and for officers, officials, agents, and employees of these entities, for acts done in an official capacity or in the course of employment. Claimants must generally follow a specified claims procedure and liability for damages is generally limited to $50,000 except that no liability may be imposed for performance of a discretionary duty or for punitive damages. If a person suffers damage resulting from the negligent operation of a motor vehicle owned and operated by a county, city, village, town, school district, sewer district, or other political subdivision of the state in the course of its business, the person may file a claim for damages following this claims procedure and the amount of damages recoverable is limited to $250,000. This bill specifies that this provision related to claims and liability for negligent operation of a motor vehicle by a political subdivision applies to an RTA.

The bill also allows RTAs to participate in organizing municipal insurance mutuals to provide insurance and risk management services.

SB205, s. 1 Section 1. 19.42 (7w) (e) of the statutes is created to read:

SB205,5,2 19.42 (7w) (e) The members of the board of directors of a transit authority created under s. 66.1039.

SB205, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB205, s. 3 Section 3. 20.566 (1) (gc) of the statutes is created to read:

SB205,5,11 20.566 (1) (gc) Administration of transit authority taxes. From the moneys received from the appropriation account under s. 20.835 (4) (gc), the amounts in the schedule for the purpose of administering the transit authority taxes imposed under s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of each fiscal year the unencumbered balance in this appropriation account shall be transferred to the appropriation account under s. 20.835 (4) (gc).

SB205, s. 4 Section 4. 20.835 (4) (gc) of the statutes is created to read:

SB205,5,18 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc), for the purpose of distribution to the transit authorities that adopt a resolution imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gc).

SB205, s. 5 Section 5. 32.05 (1) (a) of the statutes is amended to read:

SB205,6,21 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

SB205, s. 6 Section 6. 32.07 (2) of the statutes is amended to read:

SB205,7,8 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

SB205, s. 7 Section 7. 40.02 (28) of the statutes is amended to read:

SB205,7,19 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB205, s. 8 Section 8. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB205,8,6 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB205, s. 9 Section 9. 59.58 (6) (title) and (a) 1. of the statutes are amended to read:

SB205,8,9 59.58 (6) (title) Regional Kenosha-Racine-Milwaukee regional transit authority.

SB205,8,11 (a) 1. "Authority" means the Kenosha-Racine-Milwaukee regional transit authority.

SB205, s. 10 Section 10. 66.0301 (1) (a) of the statutes is amended to read:

SB205,8,25 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

SB205, s. 11 Section 11. 66.1039 of the statutes is created to read:

SB205,9,2 66.1039 Transit authorities. (1) Definitions. In this section:

SB205,9,3 (a) "Authority" means a transit authority created under this section.

SB205,9,5 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

SB205,9,6 (c) "Common carrier" means any of the following:

SB205,9,7 1. A common motor carrier, as defined in s. 194.01 (1).

SB205,9,8 2. A contract motor carrier, as defined in s. 194.01 (2).

SB205,9,9 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

SB205,9,10 4. A water carrier, as defined in s. 195.02 (5).

SB205,9,14 (d) "Comprehensive unified local transit system" means a transit system that is comprised of motor bus lines and any other local public transit facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

SB205,9,16 (e) "County jurisdictional area" means the geographical area designated by a county under sub. (3) (a).

SB205,9,19 (f) 1. Except as provided in subd. 2., "jurisdictional area" means the geographic area formed by the combined territorial boundaries of all participating political subdivisions.

SB205,9,21 2. For a participating political subdivision that is a county, "jurisdictional area" includes the county jurisdictional area.

SB205,9,23 (g) "Municipality" means any city, village, or town except any portion of a city, village, or town within a county jurisdictional area under sub. (3) (a) 2. or 3.

SB205,10,3 (h) "Participating political subdivision" means a political subdivision that has adopted a resolution creating an authority or joining an established authority under this section.

SB205,10,4 (i) "Political subdivision" means a municipality or county.

SB205,10,14 (j) "Transit system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transit of passengers within the jurisdictional area of the authority and outside the jurisdictional area of the authority. "Transit system" includes motor buses, fixed guideway transit, ridesharing, specialized transportation, motor vehicles, elevated railroads, subways, underground railroads, and any combination thereof, and any other form of mass transit, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1), charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority, or travel by aircraft flight.

SB205,10,22 (2) Creation of transit authorities. (a) Subject to pars. (g), (i), and (j), the governing body of a political subdivision may, by resolution, declare the need for an authority to function in the political subdivision and may join together with one or more other political subdivisions to jointly create, by adopting identical resolutions, a public body corporate and politic in these political subdivisions. This public body shall be a separate governmental entity and shall be known as a "regional transit authority." The authority may transact business and exercise any powers granted to it under this section.

SB205,11,2 (b) Subject to pars. (g) and (i), if an authority has been created under par. (a), a political subdivision may join this authority if the governing body of this political subdivision adopts a resolution identical to the existing identical resolutions of the participating political subdivisions of the authority and the authority adopts a resolution allowing this political subdivision to join the authority.

SB205,11,4 (c) Any resolution under pars. (a) and (b) creating or joining an authority shall specify all of the following:

SB205,11,5 1. The name of the authority and a description or map of its jurisdictional area.

SB205,11,7 2. The purpose of the authority and the functions or services to be provided by the authority.

SB205,11,8 3. The powers, duties, and limitations of the authority.

SB205,11,13 4. The establishment and organization of a board of directors, in which all powers of the authority shall be vested. The resolution may permit the board of directors to create an executive committee of the board of directors to assist the board of directors in exercising its powers and duties, but these powers and duties may be carried out only by action of the board in compliance with subd. 7.

SB205,11,18 5. The number of directors, the manner of their appointment, the required representation, if any, for each participating political subdivision and city, village, or town within a county jurisdictional area designated under sub. (3) (a) 2. or 3., the terms of their office, their compensation, if any, and the procedure for filling vacancies on the board of directors.

SB205,11,20 6. The manner of selection of the officers of the authority and their powers, duties, and limitations.

SB205,11,23 7. The voting requirements for action by the board of directors. At least a majority vote of the authorized directors is necessary for any action to be taken by the board of directors.

SB205,12,3 8. The duties of the board of directors, including the obligation to comply with this section and the laws of this state and with the terms of the resolutions adopted under this section.

SB205,12,4 9. The method of financing the formation and operation of the authority.

SB205,12,13 10. If taxes may be imposed by the authority under sub. (4) (s), the maximum rate of the taxes that may be imposed by the authority under sub. (4) (s), including the initial limit on the rate of taxes that may be imposed by the authority, if any, not to exceed the maximum rate specified in s. 77.708 (1). The rate of the taxes that may be imposed by the authority under sub. (4) (s) shall be uniform among all cities, villages, and towns within the authority's jurisdictional area that are within the same county. For purposes of this subdivision, an authority may declare a participating political subdivision with territory in the jurisdictional area of the authority and in more than one county to be wholly within one of those counties.

SB205,12,17 11. A transit plan or previously approved transit plan for the authority or reference to a transit plan or previously approved transit plan set forth in detail elsewhere. A transit plan under this subdivision shall provide opportunity for public involvement in the transit plan development process.

SB205,12,21 12. Subject to sub. (13), a procedure by which a participating political subdivision may withdraw from the authority and provisions for the disposition, division, or distribution of any property, assets, and obligations of the authority on withdrawal of a participating political subdivision or on dissolution of the authority.

SB205,13,2 (d) Subject to par. (e), a resolution under par. (a) or (b) shall be approved by at least a majority vote of the members of the governing body of the political subdivision. The governing body of the political subdivision may also require that the resolution be ratified by the electors at a referendum held in the area of the political subdivision that would be within the jurisdictional area of the authority under the resolution.

SB205,13,8 (e) At least 30 days before approving a resolution under par. (a) or (b), the governing body of a political subdivision shall hold a public hearing on the resolution. Notice of the hearing shall be published as a class 3 notice under ch. 985. At the public hearing, the governing body of the political subdivision shall solicit comments and recommendations on the preferred method under par. (d) for approving the resolution.

SB205,13,12 (f) 1. A county may not be a participating political subdivision in an authority under this section if it is a participating political subdivision of an authority authorized under any other statute, except an authority created under s. 59.58 (6) (a) 1.

SB205,13,14 2. Subject to subd. 3., a county may be a participating political subdivision in more than one authority under this section.

SB205,13,16 3. No portion of a city, village, or town may be included in the jurisdictional area of more than one authority.

SB205,13,19 (g) If an authority created under par. (a) includes as a participating political subdivision a county that has designated a county jurisdictional area under sub. (3) (a) 1., the authority shall also include at least one municipality within that county.

SB205,14,4 (h) If an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their original resolutions creating or joining the authority if, after any amendment or modification, the resolutions of all participating political subdivisions of the authority remain identical and continue to satisfy the requirements under this section for the creation of an authority, except the requirement under par. (e). Any such amendment or modification of the original resolutions creating or joining the authority does not create a new authority unless specifically provided otherwise in the amendment or modification, even if the amendment or modification is undertaken for the purpose of including additional participating political subdivisions in the authority.

SB205,14,12 (i) 1. Subject to subd. 2., an identical resolution under par. (a) or (b) that is approved by a municipality under par. (d) is not effective unless approved by the county that contains the geographical area of the municipality to be included in the authority within 45 days of submission of the resolution to that county for approval. For a county to withhold its approval under this paragraph, the county must adopt a resolution by which the county declares its intention to create an authority that will include the municipality in the authority's jurisdictional area, and declares that it will commence, or has commenced, a study relating to the creation of the authority.

SB205,14,14 2. An identical resolution that is not approved by a county under subd. 1. may go into effect, without county approval, unless each of the following occurs:

SB205,14,17 a. The county that withheld approval completes its study relating to the creation of the authority under subd. 1. within 18 months after the county first withheld its approval of the resolution.

SB205,14,20 b. All of the geographic area of the municipality that is within the county that withheld approval is included within the jurisdictional area of an authority within 24 months after the county first withheld its approval of the resolution.

SB205,14,23 (j) A county that has designated a county jurisdictional area under sub. (3) (a) 2. or 3. may create an authority without joining together with one or more other political subdivisions to create the authority.

SB205,15,2 (3) County jurisdictional area. (a) Subject to par. (c), a county that is a participating political subdivision in an authority must designate, by resolution, the county jurisdictional area of the authority. The county jurisdictional area shall be one of the following:

SB205,15,5 1. The portion of the county that is within the combined territorial boundaries of each of the cities, villages, and towns in the county that are also participating political subdivisions of the authority.

SB205,15,6 2. The territorial boundaries of the county.

SB205,15,10 3. The combined territorial boundaries of each of the cities, villages, and towns in the county with at least 75 percent of their populations residing within a metropolitan planning area, as defined in 23 USC 134 (b) (1), at the time of designation by the county.

SB205,15,14 (b) Under par. (a) 3., counties that contain all or a part of more than one metropolitan planning area may designate a county jurisdictional area for one or more of the metropolitan planning areas for inclusion in the same authority or different authorities.

SB205,15,18 (c) A county may not designate a county jurisdictional area under par. (a) 2. or 3. without prior approval, by resolution, by each city, village, town, or tribal government wholly or partially within the proposed county jurisdictional area that is any of the following:

SB205,15,22 1. The owner, operator, or controlling authority of a transit system that serves at least 10 percent of the passengers, as expressed in unlinked trips, served by all transit systems in the county on average over the 3 years preceding creation of the authority, as determined by the department of transportation.

SB205,15,23 2. A participating political subdivision in an authority.

SB205,15,25 (4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following:

SB205,16,2 (a) Establish, maintain, and operate a comprehensive unified local transit system primarily for the transportation of persons.

SB205,16,6 (b) Acquire a comprehensive unified local transit system by purchase, condemnation under s. 32.05, or otherwise and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transit system, the authority may:

SB205,16,8 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

SB205,16,10 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

SB205,16,13 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

SB205,16,16 4. Work with the department of transportation to maintain and improve railroad rights-of-way and improvements on these rights-of-way for future transit use.

SB205,16,18 (c) Contract with a public or private organization to provide transit services in lieu of directly providing these services.

SB205,16,20 (d) Purchase and lease transit facilities to public or private transit companies that operate within and outside the jurisdictional area.

SB205,16,22 (e) Apply for federal or other aids to purchase transit facilities or operate a transit system.

SB205,17,6 (f) Coordinate, provide, or assist in providing specialized transportation services, as defined in s. 85.21 (2) (g), for individuals who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

SB205,17,9 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.